North Cumbria Acute Hospitals NHS Trust v Potter and others: EAT 18 Dec 2008

EAT EQUAL PAY ACT: Article 141/European law
EPA and Article 141 claims. The appeal and cross appeals give rise to various EPA issues; whether, like Article 141, section 1(6) requires a single source, that is a single body responsible for the inequality of pay which could restore equal treatment, or whether it is a complete code in itself; whether the Respondent Trust, the Whitley Councils or the Secretary of State are single sources on the facts; whether there were common terms and conditions between establishments under section 1(6) EPA; whether the change of terms and conditions in June 2002 was so radical that the contract was rescinded thereby causing the limitation period to start running. The cross appeals related to the same issues, save for the first ground which raised the question of whether the Employment Tribunal should have considered its analysis of terms and conditions only at the date of presentation of the claim or whether it should have done so throughout the six year period.


Nelson J


[2008] UKEAT 0121 – 07 – 1812




Equal Pay Act 1970 1


CitedEnderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 22 July 2022; Ref: scu.279795